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(영문) 서울중앙지방법원 2013.08.21 2012고정6177
점유이탈물횡령
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. From May 2012 to June 01:00 of the same year, Defendant A: (a) was cleaning the D taxi that he operated at an influence place; (b) the victim in the name failure found one smartphone in the city’s unstring of Samsung gallon in the city, which the victim was placed in the said taxi, and found it.

The Defendant, without taking necessary procedures such as reporting the acquired mobile phone to a nearby police station, embezzled by selling the said smartphone to neighboring E at KRW 220,000 on September 4, 2012, around 01:30, Jongno-gu Seoul Jongno-ro 2 sold the said smartphone to neighboring E.

2. Defendant B, on July 2012, 2012, cleaned G taxi that he operated in the “F” charging station near the “B” department store located in the Guro-gu Seoul Special Metropolitan City, and Defendant B found and found one of the following: (a) the low-nameless victim, who was placed in the said taxi, found one of the cityless ggal lusium Samsung Y2 smartphones.

Around 02:55 on July 27, 2012, the Defendant embezzled the acquired mobile phone by selling I to I for KRW 30,000 on the front day of the taxi stops in Jongno-gu Seoul, Jongno-gu, Seoul, for the 30,000 won, without taking necessary procedures, such as reporting to a police station near the acquired mobile phone.

Summary of Evidence

【Paragraph 1 of this Article】

1. Statement made by the defendant A in the second protocol of trial;

1. A suspect interrogation protocol of public prosecutor E;

1. Records of seizure and the list of seizure (the investigative records 45, 46 pages) (the paragraph (2) at the time of sale);

1. A witness I and each legal statement of the J;

1. Application of Defendant B’s written law

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Article 360(1) of the Criminal Act; selection of fines

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendant A: Article 48 (1) 3 of the Criminal Act;

1. Defendant B who bears the cost of lawsuit: It is so decided as per Disposition on the grounds of Article 186(1) of the Criminal Procedure Act or more;

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